22 Reported by: Dana C. Ryan, RPR, CRR

Source document: 22 Reported by: Dana C. Ryan, RPR, CRR; document type: Deposition transcript excerpts (5 pages), Confidential.

Full text

EXHIBIT 106
Case 1:20-cv-00658-LMB-IDD     Document 142-7     Filed 05/20/21     Page 1 of 5 PageID#
3442

Ethan Bearman
CONFIDENTIAL
1
2
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
3
(Alexandria Division)
4
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BLUE FLAME MEDICAL LLC,
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Plaintiff,
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vs.
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CHAIN BRIDGE BANK, N. A. ,
JOHN J. BROUGH, and
9
DAVID M. EVINGER,
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Defendants.
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CHAIN BRIDGE BANK, N.A.,
-
-
-
X
-
-
-
X
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Third-Party Plaintiff,
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vs.
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JPMORGAN CHASE BANK, N.A.,
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Third-Party Defendant.
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-
-
-
-
-
-
X
18
CONFIDENTIAL
Civil Action No.
1:20-CV-00658
19
Remote Videotaped Deposition Of ETHAN BEARMAN
20
Thursday, January 21, 2021
21
9:34 a.m. (EST)
22
Reported by:
Dana C. Ryan, RPR, CRR
1/21/2021
Page 1 (1)
¬7 Trustpoint. One Alderson.
www. trustpoint. one
800.FOR.DEPO
(800.367.3376)
Case 1:20-cv-00658-LMB-IDD     Document 142-7     Filed 05/20/21     Page 2 of 5 PageID#
3443

Ethan Bearman
CONFIDENTIAL
1/21/2021
Page 2 (2 - 5)
Page 2
1
APP E A R A N C E S  C O N T I N UE D
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Page 4
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January 21, 2021
9:34 a.m. (EST)
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ON BEHALF OF THE DEFENDANT/THIRD-PARTY
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PLAINTIFF CHAIN BRIDGE BANK, N.A.:
Remote Videotaped Deposition of ETHAN
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6
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8
9 BEARMAN, held via Zoom video teleconference,
9
10 before Dana C. Ryan, Registered Professional
10
11 Reporter, Certified Realtime Reporter and Notary 11
12 Public in and for the State of Alabama.
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13
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15
16
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18 Job No. 98495
19 Pages: 1 - 326
20 Reported by: Dana C. Ryan, RPR, CRR
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22
Page 3
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22
MATTHEW M. MADDEN, Esquire
LESLIE ESBROOK, Esquire
GARY A. ORSECK, Esquire
Robbins, Russell, Englert, Orseck,
U ntereiner & Sauber
2000 K Street, Northwest
4 th Floor
Washington, D.C. 20006
Telephone: (202) 775 -4500
Email: mmadden@robbinsmssell.com
Email: LEsbrook@robbinsmssell.com
Email: gorseck@robbinsmssell.com
APP E A R A N C E S
1
APP E A R A N C E S  C O N T I N UE D
Page 5
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ON BEHALF OF THE PLAINTIFF
BLUE FLAME MEDICAL LLC AND THE WITNESS:
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ON BEHALF OF THE THIRD-PARTY DEFENDANT
JPMORGAN CHASE BANK, N.A.
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WILLIAM GUSSMAN, Esquire
JASON M. MITCHELL, Esquire
PETER H. WHITE, Esquire
GREG KETCHAM- COL WILL, Esquire
KENI UKABIALA, Esquire
Schulte Roth & Zabel LLP
901 Fifteenth Street, Northwest
Suite 800
Washington, D.C. 20005
Telephone: (202) 729 -7470
Email: bill.gussman@srz.com
Email: jason.mitchell@srz.com
Email: pete.white@srz.com
Email: gregory.ketcham- colwill@srz.com
Email: ekenedilichukwu.ukabiala@srz.com
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ALBINAS PRIZGINTAS, Esquire
MARGARITA BOTERO, Esquire
Wilmer Cutler Pickering Hale & Door LLP
1875 Pennsylvania Avenue, Northwest
Washington, D.C. 20006
Telephone: (202) 663-6900
Email: albinas.prizgintas@wilmerhale.com
Email: margarita.botero@wilmerhale.com
Also present:
Jason Aqui, Videographer
7 Trustpoint. One Alderson.
www. trustpoint. one
800.FOR.DEPO
(800.367.3376)
Case 1:20-cv-00658-LMB-IDD     Document 142-7     Filed 05/20/21     Page 3 of 5 PageID#
3444

Ethan Bearman
CONFIDENTIAL
1/21/2021
Page 53 (206 - 209)
Page 206
1 specificity in that ten-minute window of time ten
2 months ago.
3
Q
In the chart that's attached to the
4 email in Exhibit 23, you see the line for Suuchi
5 now has an arrival date filled in?
6
A
I do see that.
7
Q
What, if anything, had you learned in
8 the ten minutes since sending Exhibit 22 that
9 caused you to be able to fill in that arrival
10 date?
11
12
MR GUSSMAN: Objection to form.
THE WITNESS: I don't recall
13 specifically.
14
15
16
17
BY MR MADDEN:
Q
Do you recall generally?
A
I don't.
Q
What was the basis for the April 6th
18 arrival date that you put into this version of the
19 spreadsheet in Exhibit 23?
20
A
I -- I don't recall.
21
Q
Okay. The version of the spreadsheet
22 that's attached to Exhibit 22 has arrival dates
Page 207
1 through April 30th, whereas the version of the
2 spreadsheet attached to Exhibit 23 has arrival
3 dates through April 24.
4
Do you see that?
5
A
I do see that.
6
Q
What was the basis on which you made
7 that change?
8
A
Looks like it's arithmetic -- it's
9 math. We had to deliver 100 million masks, so
10 once we hit 100 million, there was no need to
11 continue delivering beyond that.
12
Q
Well, you were putting in the numbers
13 of masks; right? Those were coming from you?
14
MR. GUSSMAN: Object --
15
16
17
18
THE WITNESS: (Indiscernible.)
MR. GUSSMAN: -- to the form.
THE WITNESS: Sorry.
THE COURT REPORTER: I'm sorry. I need
19 the answer. I didn't hear an answer.
20
THE WITNESS: We all talked over each
21 other. Sorry.
22
Would you mind asking the question
1 again, Counsel?
2
BY MR. MADDEN:
3
Q
I can try.
Page 208
4
You put the numbers of masks into the
5 rows of the spreadsheet that's in Exhibit 23;
6 correct?
7
8
MR. GUSSMAN: Objection to form.
THE WITNESS: Based on outside
9 information, yes.
10
11
12
BY MR. MADDEN:
Q
Right.
So what I'm trying to figure out is why
13 that -- I believe you called it arithmetic
14 calculation, or something like that. Why did that
15 stop on April 24th in this version of the
16 spreadsheet instead of April 30th in the prior
17 version?
18
MR. GUSSMAN: Objection: asked and
19 answered.
20
THE WITNESS: Yeah, I mean, once we had
21 100 million masks delivered -- you know, for
22 delivery there's no point in continuing beyond
Page 209
1 that.
2
MR. MADDEN: So you plugged in numbers
3 into the spreadsheet by day until you had
4 100 million; correct?
5
MR. GUSSMAN: Objection to form.
6
THE WITNESS: Again, we were having the
7 conversations, as I was being told, the production
8 capabilities, the delivery capabilities, I plugged
9 in those numbers. Once we hit 100 million, no
10 need to continue.
11
12
BY MR. MADDEN:
Q
Did anyone you were speaking with at
13 the time you were working on these spreadsheets
14 say to you, in words or substance, we should make
15 sure this delivery schedule ends within a month
16 and not longer than that?
17
A
I believe that I was told that Blue
18 Flame had until the end of April, which is, I
19 think, why in the first version it went -- the
20 delivery dates went until April 30th.
21
Q
Okay. Did anyone tell you after
22 receiving that first version however that for
¬7 Trustpoint. One Alderson.
www. trustpoint. one
800.FORDEPO
(800.367.3376)
Case 1:20-cv-00658-LMB-IDD     Document 142-7     Filed 05/20/21     Page 4 of 5 PageID#
3445

Ethan Bearman
CONFIDENTIAL
1/21/2021
Page 54 (210 213)
Page 210
1 purposes of providing a delivery schedule to
2 California officials, it will be better if that
3 delivery schedule ended within a month and not
4 longer than that?
5
A
No, I don't recall that.
6
Q
Okay.
7
MR. MADDEN: Leslie, can we mark tab
8 83, mark -- oh, I guess it's previously marked.
9 Excuse me. It's Exhibit 84.
10
11
12
MS. ESBROOK: Yes. You mean 24?
MR. MADDEN: Yes, please.
MS. ESBROOK: I've placed it in the
13 chat.
14
MR. MADDEN: While everyone is pulling
15 up the document, the document previously marked as
16 Exhibit 24 is an email Bates numbered BFMl 16497
17 and its attachment, 498.
18
THE WITNESS: I have it, Counsel.
19
MR. GUSSMAN: I have it.
20
MR. MADDEN: Okay.
21
BY MR. MADDEN:
22
Q
All right. Mr. Bearman, Exhibit 24 is
Page 211
1 an email from you to Mr. Thomas at 10:59 p.m.
2 Pacific on March 25th, and it has another version
3 of the same spreadsheet.
4
Do you see that?
5
A
I do.
6
Q
Okay. And the subject line of your
7 email is, Another Version of the Spreadsheet for
8 Dan Kim.
9
Do you see that line?
10
A
I do.
11
Q
And you understood that the
12 information
some or all of the information you
13 were providing in this spreadsheet was intended
14 for delivery to Dan Kim at the State of
15 California?
16
17
18
19
MR GUSSMAN: Objection to form.
THE WITNESS: That sounds correct.
BY MR MADDEN:
Q
Okay. You mentioned earlier having a
20 conversation with Mr. Kim at some point in time.
21 Do you recall that testimony? A phone call.
22
A
Yes.
Page 212
Q
Right.
1
2
And that phone call came, though, after
3 the wire transfer; correct?
4
A
Yes.
5
Q
Okay. Did you understand from --
6 strike that.
7
How did you come to know that some
8 version of this spreadsheet was intended for
9 Mr. Kim?
10
A
I believe it was communicated to me by
11 Mr. Thomas.
12
Q
And did he tell you anything else about
13 that?
14
A
When you say "that," what are you --
15 what are you referring to?
16
Q
Yeah, fair enough.
1 7
Did Mr. Thomas tell you anything else
18 about his communications with Mr. Kim that caused
19 him to want to send Mr. Kim the information
20 reflected in these spreadsheets?
21
MR. GUSSMAN: Objection to form.
22
THE WITNESS: I recall that Mr. Thomas
Page 213
1 told me that Mr. Kim had requested something like
2 this.
3
4
BY MR. MADDEN:
Q
And when you say "something like this,"
5 was Mr. Thomas any more specific than that about
6 what Mr. Kim had requested?
7
A
Fair. That he had requested an
8 estimated delivery schedule.
9
Q
Okay. The version of the spreadsheet
10 that's the attachment in Exhibit 24, is that the
11 final version of this document?
12
13
14
MR. GUSSMAN: Objection to form.
THE WITNESS: (Reviews document.)
So, to the best of my recollection,
15 yes.
16
17
BY MR. MADDEN:
Q
Okay. And you see now that they -- the
18 number of masks per day in this version changes
19 somewhat when compared to the version that's in
20 Exhibit 23.
21
Do you see that?
22
A
Yes.
7 Trustpoint. One Alderson.
www. trustpoint. one
800.FORDEPO
(800.367.3376)
Case 1:20-cv-00658-LMB-IDD     Document 142-7     Filed 05/20/21     Page 5 of 5 PageID#
3446

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